IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL

CIRCUIT IN AND FOR IDLLSBOROUGH COUNTY, FLORIDA

GENERAL CML DMSION
NEIL J. GILLESPIE,
Plaintiff, CASE NO.: 05CA720S
vs.
NO F\LEO
BARKER, RODEMS & COOK, P.A., DMSION:C
RECE\'JEO
a Florida corporation, and
WILLIAM J. COOK,
llJ 1\\\\\ .'
Defendants. \J" CO
UR1
/
CLERK Of CO\)\,n'( ,ft
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.. '
PLAINTIFF'S MOTION FOR AN ORDER OF PROTECfION - ADA
Plaintiff Neil J. Gillespie pro se moves for an order ofprotection against
"Defendants' Motion For An Order Determining Plaintiff's Entitlement to Reasonable
Modifications Under Title nOfThe Americans With Disabilities Act", and states:
1. Mr. Gillespie provided his ADA accommodation request (ADA Request),
and his ADA Assessment and Report by Ms. Karin Huffer, MS, MFT (ADA Report) to
Mr. Gonzalo B. Casares, ADA Coordinator for the 13
th
Judicial Circuit, 800 E. Twiggs
Street, Room 604, Tampa, Florida 33602, by hand delivery on February 19, 2010. A
courtesy copy was provided to the Court. A copy ofthe Notice OfAmericans With
Disabilities Act (ADA) Accommodation Request OfNeil J. Gillespie is attached as Exhibit
A. Therefore the matter is moot.
2. Mr. Rodems and Barker, Rodems & Cook, PA, has a conflict litigating
matters related to Mr. Gillespie's disability. In March 2001, Barker, Rodems & Cook, PA
represented Mr. Gillespie on a review ofhis disability and appeal of The Florida Division
Notice, Americans With Disabilities Act (ADA)
Page - 2
Gillespie v. Barker, Rodems & Cook, PA, case 05-CA-7205
of Vocational Rehabilitation (DVR) determination that "It has been determined that you
are not eligible for vocational rehabilitation services because your disability is too severe
at this time for rehabilitation services to result in employment."
3. If Barker, Rodems & Cook, PA desires to litigate matters related to Mr.
Gillespie's disability, it must hire counsel that does not have a conflict.
4. Specifically, Mr. Rodems should not be permitted to litigate matters
related to Mr. Gillespie's disability because he has been aggravating Gillespie's disability.
Since March 3, 2006, Mr. Rodems has directed, with malice aforethought, a course of
harassing conduct toward Mr. Gillespie that has aggravated his disability, caused
substantial emotional distress and serves no legitimate purpose. This is a violation of
Florida Statutes, 784.048.
5. The items complained about in Defendants motion rise from counsel's
own misconduct. Mr. Rodems admitted setting a hearing for January 19, 2010 without
clearing it with plaintiff. Then Mr. Rodems complained that the Court canceled his
improperly set hearing. The Court should sanction Mr. Rodems for setting a hearing
without clearing it with plaintiff.
6. As for any misstep by plaintiff after the fact of Mr. Rodems improperly set
motion, it is due to a manifestation of his disability aggravated by Mr. Rodems' pattern of
misconduct in this lawsuit.
WHEREFORE, plaintiff moves for the following:
a. An Order of Protection against "Defendants' Motion For An Order
Determining Plaintiff's Entitlement to Reasonable Modifications Under Title IT Of
The Americans With Disabilities Act".
Notice, Americans With Disabilities Act (ADA)
Page - 3
Gillespie v. Barker, Rodems & Cook, PA, case 05-CA-7205
b. Plaintiff moves that Defendants' motion be denied with prejudice.
c. Plaintiff seeks a determination that Barker, Rodems & Cook, PA has a
conflict litigating matters related to Mr. Gillespie's disability.
d. Plaintiff moves for sanctions against Mr. Rodems for setting a hearing
for January 19, 2010 without clearing it first with plaintiff.
RESPECTFULLY SUBMITIED February 19, 2010.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via US mail to Ryan Christopher Rodems, attorney, Barker, Rodems & Cook,
P.A., Attorneys for Defendants, 400 North Ashley Drive, Suite 2100, Tampa, Florida
33602, this 19
th
day of February, 2010.
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IN TIlE CIRCUIT COURT OF TIlE THIRTEENTH JUDICIAL
CIRCUIT IN AND FOR IDLLSBOROUGH COUNTY, FLORIDA
GENERAL CML DIVISION
NEIL J. GILLESPIE,
Plaintiff: CASE NO.: 05CA7205
vs.
BARKER, RODEMS & COOK, P.A., DMSION:C
a Florida corporation, and
WILLIAM J. COOK,
Defendants.
/
NOTICE OF AMERICANS WITH DISABILITY ACT (ADAl
ACCOMMODATION REQUEST OF NEIL J. GILLESPIE
PlaintiffNeil J. Gillespie pro se gives notice of ADA accommodation request and
states:
1. Mr. Gillespie provided his ADA accommodation request (ADA Request),
and his ADA Assessment and Report by Ms. Karin Huffer, MS, MFT, (ADA Report) to
Mr. Gonzalo B. Casares, ADA Coordinator for the 13
th
Judicial Circuit, 800 E. Twiggs
Street, Room 604, Tampa, Florida 33602, by hand delivery.
2. Mr. Gillespie provided a courtesy copy ofhis ADA accommodation
request (ADA Request), and his ADA Assessment and Report by Ms. Karin Huffer, MS,
MFT (ADA Report), to the Honorable James M. Barton, IT, by hand delivery.
3. The ADA Request and ADA Report are to be kept under ADA
Administrative confidential management except for use by the ADA Administrator
revealing functional impairments and needed accommodations communicated to the Trier
of Fact to implement administration ofaccommodations. This information is NOT to
EXHIBIT
1/1
Notice, Americans With Disabilities Act (ADA)
Page - 2
Gillespie v. Barker, Rodems & Cook, PA, case OS-eA-720S
become part ofthe adversarial process. Revealing any part ofthis report may result in a
violation ofHIPAA and ADAAA Federal Law.
4. A copy of Mr. G i l l e s p i e ~ s completed and signed ADA Request for
Accommodations Form for the 13
th
Judicial Circuit is attached.
RESPECTFULLY SUBMIITED February 19,2010.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been
furnished via US mail to Ryan Christopher Rodems, attorney, Barker, Rodems & Cook,
P.A., Attorneys for Defendants, 400 North Ashley Drive, Suite 2100, Tampa, Florida
33602, this 19
th
day of February, 2010.
REQ1JEST FOR ACCOMMODATIONS BY PERSONS
WITH DISABIUTIESAND ORDER
FOR aJiJflTUSE OIlY
[{) Party 0 Other o Web (Date OPI received):
o Facsimile
o Written notice
05-CA7205
Applicant ......... -=commadlldoM un.... Florida ....... of Court. Rule 2.065, _ folloMl:
1. DIvIsion d Court: oOimlnlal [{]0vII DJuven'le
2. Type of proceeding to be COYered (speclfy: hearing, trial):
All meetings, procedures, hearings, diSCOYery process, tnals, appeals, and any other court-related actiVity.
3. Dates accommodations needed (specify):
All dates and times from the COfMlef'lCement d this action until its ftnal concluSiOn Induding any appeal.
4. Impairment necessItabng accommodatiOnS (specjfiv):
Please see the ADA Assessment and Report prepared by Karin Huffer, MS, MFT
5. Type d accommodations (speQl'i):
PJease see the ADA AcCQf'l\r'nodafiO Request fA Neil J. Gillespie submitted Febl\latv 19,2010
6. Special requests or anticipated problems (speclfy): I am harassed by Mr. Rodems in ViOlation of Aa. Stat. section 784.048
7. I request that mv identity 0 be kept CONFIDENTIAl 0 NOT be kept CONFIOENTlAL
I declare under penalty of perjury under the laws of the State of ~
te: February 18, 2010
Nell J. Gillespie
(TYPE OR PRINT NAME)
ADHlN/STRATlVE OFFICE OF TIE aJURT USE ONLY
o request for accommodations is GRANTED because
o the applicant satisfies the requirements rI the rule.
D it does not create an undue burden on the court.
o it does not fundamentally alter the nature of the serviCe,
program, or activity.
o alternate accommodations granted ( ~ :
ROUTE TO:
o COUrt Facilities D Court Interpreter center
Date: _
o the request for accommodations is DENIED because
o the applicant does not satlsl'y the requirements of the
rule.
D It creates an undue burden on the court.
o It fundamentally alters the nature of the service,
program, or actMty ( ~ :
REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES AN D ORDER